law.unimelb.edu.au

Sports Law

Past, Present and Future

Melbourne Law School’s Sports Law Program is at the leading edge of teaching sports law and, in 2013, celebrates its 25th anniversary.

Conference and Drinks Melbourne Law School

Friday 12th July 2013Proudly sponsored by:

July 2013

Sports Law - Past, Present and Future | Page 3

Message from the Director

This month marks 25 years since the commencement of teaching sports law at Melbourne Law School.

From a modest beginning with eight students in the generalist subject ‘Sport, Commerce and the Law’ in 1988, the intervening years have witnessed new sports law related specialist subjects added so that from next year there will be 13 subjects at the Masters level. This means Melbourne Law School can offer a Graduate Diploma in Sports Law and a Master of Laws (LLM) with a sports law specialisation. Also, there are two sports law subjects in the JD program (the successor to the LLB) and a number of research students. It can also be proudly said that the Law School was the birthplace of the Australian and New Zealand Sports Law Association (ANZSLA) in 1990 and its home for the next eight years.

Twenty-five years is a long time, especially in a field of study and legal practice as young as sports law, and that warrants a celebration. Equally worthy of celebration are the people who have come through the sports law program and gone on to make immense contributions to sport and sports law in Australia, New Zealand and other parts of the world.

A dinner at the MCG on the evening of Thursday 11 July 2013 and a one-day conference at the Law School on Friday 12 July 2013 followed by Sports Law Alumni Cocktails will recognise this milestone.

Many people have contributed to the sports law program and to the organisation of these celebratory events. They are the lecturers in the various subjects, the professional staff of Melbourne Law School, a large and diverse group of people in sport, the legal profession and government who have willingly assisted with study materials and guest speaking, an events organising committee, the sponsors of the conference (ANZSLA and K & L Gates) and, above all, the students.

This publication serves to record sincere appreciation of their efforts and achievements and to act as a record of some of the students, lecturers and other people connected with sports law at the Melbourne Law School.

Thank you for your support of the program over the past 25 years and into the future.

Hayden Opie

Director of StudiesSports Law ProgramMelbourne Law School

July 2013

Page 4 | Sports Law - Past, Present and Future

Conference ProgramPost Conferenceand Alumni Cocktails

Join colleagues, friends, guests and alumni of Melbourne Law School for a drinks reception in the Wodward Centre on Level 10 of the Law School.

Drinks charge of $33.00 incl GST

Registrations are essential.

Time Session Speaker

9.00am Registration

9.30am Official opening and overview of the Sports Law Program

Professor Michael Crommelin AO - Former Dean Melbourne Law School

Mr Hayden Opie - Director of Studies, Melbourne Sports Law Program

10.00am KeynoteThe Three “Eras” inthe Development ofInternational Sports Law

Professor James Nafziger - Thomas B. StoelProfessor of Law and Director of InternationalPrograms at Willamette University College of Law, USA

11.00am Morning tea

11.30am K&L Gates PresentationANZSLA Presentation

Mr Chris Round - Partner, K&L Gates

Ms Venetia Stewart - President, Australian and New Zealand Sports Law Association (ANZSLA)

11.45am Panel One facilitated by Mr Malcolm Speed, Executive Director, The Coalition of Major Professional & Participation Sports

Professor James Nafziger

Mr Adrian Anderson - Sports Consultant

Ms Tracey Gaudry - Chief Executive Officer, Amy Gillett Foundation and member of Management Committee, UCI

Ms Anne Gripper - Chief Executive Officer, Triathlon Australia

Dr Peter Harcourt OAM - Sport Physician at Victorian Institute of Sport, Chief Medical Officer AFL, Chair of FIBA and ICC Medical Commissions

Mr Brian Ward OAM - Managing Director, Brian Ward & Partners, Chair of the ASADA Advisory Group

1.00pm Lunch

2.00pm KeynoteFifty Years of Sports Law,Past and Future: an English / EU Law Perspective

Mr Jonathan Taylor - Partner & Co-head , Sports Group, Bird & Bird, UK

3.15pm Afternoon tea

3.30pm Panel Two facilitated by Mr Martin Ross - Director of ANZSLA

Mr Jonathan Taylor

Mr Jean-Pierre Blais - Chairman and CEO, Canadian Radio-television and Telecommunications Commission

Ms Sarah Kenny - Partner, Herbet Smith Freehills; Director, Yachting Australia; committee member, International Sailing Federation

Mr Stephen Ross - Professor of Law and Director of the Institute for Sports Law, Policy and Research at Penn State University

Mr Sam Walch - Head of AFL Media, Australian Football League

4.45pm Conference close Mr Hayden Opie

5.00 - 7.00pm Conference drinks,Woodward Centre, Level 10, Melbourne Law School

Sports Law - Past, Present and Future | Page 5

For further information:

Sharon Scriven, Executive Manager at anzsla@anzsla.com-

www.anzsla.com

ANZSLA provides sports law education, advocacy and networking opportunities in Australia and New Zealand, and is the premier sports law association in the region. Membership is open to anyone with an interest in sport. Benefits of membership include: • Quality publications, including the annual peer reviewed Australian and New

Zealand Sports Law Journal, the quarterly ANZSLA Commentator and fortnightly Sports Shorts E-Newsletter

• Access to CCH case and legislation references, research and archival papers and ANZSLA membership directory

• Interesting and topical regional events around Australia and New Zealand • Opportunities to network with ANZSLA’s membership and the sports law

industry • Annual conference:

THE AUSTRALIAN AND NEW ZEALAND SPORTS LAW ASSOCIATION

l

Page 6 | Sports Law - Past, Present and Future

Conference Guest Speakers and PanelistsGuest SpeakersJames NafzigerThomas B. Stoel, Professor of Law and Director of International Programs at Willamette University College of Law, USA speaking on The Three “Eras” in the Development of International Sports Law

At Willamette, Professor Nafziger teaches and writes extensively in the fields of sports law, international law and dispute resolution, international business transactions, immigration and refugee law, comparative law, international arbitration and litigation, and conflict of laws. He is former President and Chair of the executive committee of the American Branch of the International Law Association and is Secretary of the American Society of International Law. He is also a member of the State Department’s Advisory Committee on International Law. His other professional leadership includes current service as chief administrative officer of the American Society of Comparative Law, president of the International Association of Sports Law and membership on the National Council of the United Nations Association.

Professor Nafziger has authored or edited four books, more than 100 articles and text chapters, and 75 other published writings.

Jonathan TaylorPartner, Sports Group Bird & Bird, UK, speaking on Fifty Years of Sports Law, Past and Future: an English / EU Law Perspective

Jonathan is the co-head of Bird & Bird’s Sports Group and one of the world’s leading sports lawyers, advising nationally and internationally on cutting edge commercial, regulatory and contentious issues across all major sports.

Jonathan advises a wide range of sports bodies (including international and national governing bodies, public agencies, event organisers, leagues, clubs, and their commercial partners and agents) on commercial matters (including the exploitation of broadcasting and sponsorship rights), contentious matters (including challenges to regulatory decisions, rights protection programmes, and commercial disputes), and regulatory and disciplinary issues (including in particular match sanctioning, match fixing and doping issues). Jonathan is an experienced advocate, appearing regularly before the Court of Arbitration for Sport in Lausanne, as well as a range of internal sports tribunals. Alongside his practice, Jonathan is co-editor (with Adam Lewis QC) of the leading sports law text, Sport: Law and Practice (2nd Edn 2008), and was director of studies in sports law at King’s College, London from 2000 to 2007.

Panel One facilitated by Malcolm Speed - Executive Director, The Coalition of Major Professional & Participation Sports

Adrian Anderson - Sports Consultant

Adrian recently resigned after nine years as General Manager, Football Operations of the Australian Football League (AFL). In this role he was responsible for the day to day running of the AFL competition including the rules of the game, the integrity of the game, the disciplinary system, umpiring, codes and policies, the salary cap and player movement system. He overhauled the disciplinary system of the sport, used scientific research to modify the rules of the game to make it safer to play and better to watch, established a leading integrity unit, introduced a medical policy to proactively tackle the issue of illicit drugs and negotiated free agency and a landmark collective bargaining agreement with the AFL Players Association. Before that, Adrian was a lawyer at Corrs Chambers Westgarth specialising in media and sport law becoming a partner in 2004. He is currently working as a sports consultant including a review for Cricket Australia of its integrity system and structure and Code of Behaviour.

Tracey Gaudry - Chief Executive Officer, Amy Gillett Foundation

Tracey Gaudry is Chief Executive Officer, Amy Gillett Foundation. She is also Director of AustCycle. Prior to this Tracey has held management roles with Legal, Consulting, Accounting and other professional services organisations. She is a member of The Australian Anti-doping Review Violation Panel and a member of the International Cycling Union (UCI). She has been a board member of Cycling Australia, a member of the Australian Institute of Sport Ethics Committee, President and Executive, Cycling ACT and a member of the Technical Advisory Panel, ACT Academy of Sport. Prior to her career in sports administration Tracey was a dual Olympic road cyclist (1996 and 2000) and multiple Australian champion. She was formerly ranked #3 in the UCI ranking and has advocated for the growth of cycling from grassroots to elite level and the advancement of women in the sport.

Anne Gripper - Chief Executive Officer, Triathlon Australia

Anne joined Triathlon Australia as CEO in September 2010. Anne’s extensive experience within the Australian sporting industry over the last 14 years has included a number of roles in both the Australian Sports Commission, and the Australian Sports Drug Agency (ASDA). Anne is widely known for her more recent work at the International Cycling Union (UCI) as Director of the Anti-Doping Foundation.Anne provides strong leadership to the national body, and the State Triathlon Associations TTAs, while overseeing the implementation of the sport’s 2010-2015 strategic plan that will guide the organisation towards its vision of becoming a leading triathlon nation. Anne has a Master of Sport Management (MSA) from the University of Lausanne / International Olympic Committee and a Bachelor of Arts (Honours) from the University of Sydney. Anne has also represented Australia in Triathlon as an Age Group athlete.

Sports Law - Past, Present and Future | Page 7

Dr Peter Harcourt OAMSports Physician at Victorian Institute of Sport Medical Co-ordinator, Victorian Institute of SportMedical Director, Australian Football LeagueChief Medical Officer, Basketball AustraliaAnti-doping Medical Officer, Cricket Australia

Peter is a sport and exercise physician. In addition to the above, he is Clinical Convenor for the Transport Accident Commission and WorkSafe Victoria, Chair of the Medical Committee of the International Cricket Council (ICC), Chair of the Medical Council of the Federation of International Basketball Associations (FIBA), Chair of the Australian Commonwealth Games Association Medical Commission, Member of the Commonwealth Games Federation Medical Commission and Member of the Australian Sports Drug Medical Advisory Committee.He was Chief Medical Officer to the 2006 Melbourne Commonwealth Games and has attended several Olympic and Commonwealth Games as a team medical officer. He has published widely on general issues in sports medicine and anti-doping.

Brian Ward OAM - Managing Director, Brian Ward & Partners

Brian Ward is the Founder and Managing Director of Brian Ward & Partners, a Melbourne-based commercial law firm. Brian has over 40 years’ experience as a lawyer and has forged a formidable reputation for his continued contribution to sports law and major events, particularly AFL, Cricket, Rugby, Triathlon, Basketball, Golf and several other sports. He has also represented AFL Icon, Kevin Sheedy for 27 years. He was awarded the Order of Australia in 2008 for his work with the Red Cross, as its Deputy Chairman and as Chairman of Australian Red Cross Bali Appeal. He is the current Chairman of the ASADA Advisory Board. Brian is a sought after speaker having presented both nationally and internationally and is an occasional lecturer in the University of Melbourne Masters of Law program.

Panel Two facilitated by Martin Ross - Director of ANZSLA

Jean-Pierre Blais - Chairman and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission

Jean-Pierre is the Chairman and Chief Executive Officer of the Canadian Radio-television and Telecommunications Commission (CRTC). Before joining the CRTC, Jean-Pierre was Assistant Secretary of the Treasury Board Secretariat’s Government Operations Sector. From 2004 to 2011, he was Assistant Deputy Minister of Cultural Affairs at the Department of Canadian Heritage. His responsibilities included legislation, policies and programs related to copyright, broadcasting, the cultural industries (film, books, periodicals and music) and the arts. As Assistant Deputy Minister, International and Intergovernmental Affairs, at Canadian Heritage, he was responsible for Sports Canada, Canada’s bid for the 2010 Winter Games and chaired all the intergovernmental Committees that led to UNESCO’s Anti-Doping Convention.

Jean-Pierre holds a Master of Laws from Melbourne Law School, as well as a Bachelor of Civil Law and a Bachelor of Common Law from McGill University. He is a member of the Barreau du Québec and the Law Society of Upper Canada.

Sarah Kenny - Partner, Herbert Smith Freehills; Director, Yachting Australia; Committee Member, International Sailing Federation

Sarah is the head of the Corporate Group in the Sydney office of international law firm, Herbert Smith Freehills. Sarah has a background in elite sport and has practised for over 20 years in the area of sports law. Sarah has advised numerous clients involved in the sports, entertainment and related industries including international and national sporting organisations, private team owners, sports managers, event promoters, sponsors and sports venue owners. Sarah was a key legal advisor during the five years leading up to the Sydney 2000 Olympic Games, practising almost exclusively on matters related to the Olympic Games over that period. Sarah was the principal advisor for Stadium Australia, the main Olympic venue for the Games and acted for a number of other companies and sporting bodies involved in the Games.Sarah is a founding member of the Australian and New Zealand Sports Law Association. She has presented on legal issues relating to sport, venues and major events at Australian and international conferences. Sarah was a member of the Olympic selection panel for the 2008 and 2012 Australian Olympic sailing teams, is a board member of Yachting Australia and a member of the Events Committee of the International Sailing Federation.

Stephen Ross - Professor of Law and Director of the Institute for Sports Law, Policy, and Research at Penn State University

Stephen Ross is Professor of Law and Director of the Institute for Sports Law, Policy, and Research at Penn State University. He co-authored Sports and the Law and Fans of the World, Unite!, co-edited The Handbook of International Sports Law, and has written extensively on sports and competition law issues. He has testified before committees of the United States Congress and the Canadian Parliament, before a United Kingdom competition tribunal, and has acted as pro bono counsel for American consumer groups as well as on behalf of the South Sydney Rabbitohs. He has also advised in the design of sports competitions, including the Indian Premier League.

Sam Walch - Head of AFL Media, Australian Football League

Sam is the Head of AFL Media, the media business established by the League to drive the AFL’s digital agenda and deliver media services to the football industry and other clients. Sam joined the AFL in 2007 where he took charge of all media rights, architecting the AFL’s record–breaking $1.25 bn 2012-2016 deal, and the interconnected establishment of AFL Media. Prior to working at the AFL, Sam held roles at Cricket Australia as in-house lawyer and later, General Manager, Media Rights & Strategy. Sam also worked as a lawyer at Minter Ellison including a stint in-house for the World Bank in Vietnam. He lives in Melbourne and was the first recipient of the Graduate Diploma in Sports Law.

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Sports Law - Past, Present and Future | Page 9

Biographies and photos - Past, Present and Future:A selection of lecturers and former and current students

Michael Abrahams

Michael has been the in-house Legal Counsel for the Australian Cricketers’ Association (ACA) (the player association representing Australia’s elite professional cricketers) since January 2009. In this role, Michael advises and represents the

ACA, its related peak bodies (the Australian Athletes’ Alliance and the Federation of International Cricketers’ Associations) and individual players on a wide range of legal and policy issues affecting professional athletes and player associations. Michael has been a key member of the ACA’s negotiating team for its past three collective bargaining agreements with Cricket Australia. He has represented and advised players in international tax matters and in injury, disciplinary, management, payment and image rights disputes. Michael also advises the ACA in relation to all of its commercial agreements, corporate compliance and insurance matters. Michael is a member of the Accreditation Board for the ACA Player Agent Accreditation Scheme and is jointly responsible for the management of that Scheme. He is also a member of the Cricket Australia-ACA Joint Committee on Player Occupational Health & Safety and the Sports Law Committee of the Law Institute of Victoria. Before joining the ACA, Michael was an in-house lawyer in the wind energy and technology industries and a solicitor at Freehills (now Herbert Smith Freehills).

Andrew Bright

Andrew has been a barrister since 1986 and a member of the Australian and New Zealand Sports Law Association (ANZSLA) since it began. He completed ‘Sport, Commerce and the Law’

with Hayden Opie in 1998. Andrew says sport has always brought the law to life for him as well as the usual issues that arise in regional sports associations (judiciary, governance & structure). Over the years he has enjoyed involvement with various athletes in their respective Athletics Australia, National Rugby League and Football Federation of Australia Doping Tribunals, advising on Olympic (non) selection, the Administrative Appeals Tribunal and the Court of Arbitration for Sport.

Peter Brukner

Peter is currently touring England with the Australian cricket team in a new role as Australian Cricket Team doctor. He will be with the team whenever they play over the next couple of years. Prior to that, he spent two years as Head of

Sports Medicine and Sports Science at Liverpool Football Club in the English Premier League. He recently published (with Karim Khan) the fourth edition of a textbook, Clinical Sports Medicine, and has been writing on the recent drug sagas in Australian sport for The Age.

Eugénie Buckley

Eugénie runs a niche sports consultancy, Suiko Consultancy, with clients in Australia, UK, Asia and the Middle East. She has previously held CEO positions with Brisbane Roar Football Club, ICC Women’s World Cup 2009 and Professional

Footballers Australia. She has strong Sports Law experience through GM Legal and Business Affairs roles at the ICC, Football Federation Australia and Australian Rugby Union. She is a FIFA Match Commissioner and was a member of CAS from 2000-2008 and the CAS Ad Hoc Committees for the FIFA World Cup 2006 and 2006 Commonwealth Games.

Angela Collins

Angela is currently working as the Legal and Corporate Services Manager at Netball Victoria, having completed a Graduate Diploma in Sports Law at Melbourne Law School in 2011. Prior to her role at Netball Victoria, Angela worked

predominantly in criminal and family law and went on to gain valuable experience as a Judge’s Associate at the County Court of Victoria. Whilst maintaining an interest in criminal law, it was her passion and love for all things sport that determined her current career path. Angela also has a Bachelor of Arts and Bachelor of Laws (Hons) from Victoria University.

Braham Dabscheck

Braham has been conducting research into sport for over 40 years. Trained as a labour economist at Monash University his Masters’ thesis, completed in 1973, was entitled ‘The Labour Market for

Australian Rules Footballers’. He was employed at the University of New South Wales from 1973 to 2006 in an Industrial Relations school. His research interests are Australian Industrial relations (macro issues), industrial relations theory and professional sports. With respect to the latter, he has published over 80 papers which combine an international and interdisciplinary focus across a wide range of sports. He is also a prolific book reviewer. He has also been a consultant to player associations in Australia and FIFPro, an international soccer confederation, and is a member of a number of committees and boards, including Player Agent Boards of the Australian Football League Players’ Association and the Rugby Union Players’ Association. He has also sat on various grievance tribunals in Australian soccer. In March 2013 he produced a report for the Australian Jockeys’ Association entitled ‘Riding on the Backs of Jockeys’. In 2001 he was appointed as a Senior Fellow at Melbourne Law School and has co-taught a course with Hayden Opie, now titled ‘International Sports Employment Law’, on seven occasions. Despite all this, his research and other activities have not helped St. Kilda win a premiership.

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Chris Dunnell

Chris was admitted to practise in Western Australia in 2005 and has practised in the litigation section of a well-known Perth firm for eight years. He is currently completing a LLM (specialising in Sports Law) at Melbourne Law School. Recently

he shifted to Melbourne and commenced a role at Keogh & Co.

Matthew Finnis

Matthew was appointed Chief Executive Officer of the AFL Players’ Association (PA) in September 2009 after previously holding the positions of General Manager – Operations and, prior to that, Manager – Player Relations. During his time at the

PA Matt has driven an agenda which resulted in the agreement to introduce free agency to the AFL to secure recognition for the significant part AFL footballers play in the phenomenal and growing success of the code. He has also represented player interests in a range of issues, including commercial rights and individual grievances, and chaired the AFLPA Agent Accreditation Board. Prior to joining the PA Matthew worked as a commercial lawyer advising numerous sporting organisations, businesses, athletes and government. Matthew is currently chairman of Ladder – an AFL Players charitable initiative to tackle youth homelessness and a director of AFL SportsReady – the AFL industry’s group training company. He is also a director of Surfing Australia – the peak governing body for the sport of surfing, and has been a director and company secretary of Surf Life Saving Victoria since 2002. Matthew was also a founding director of HeartKids Australia, a charity supporting children born with congenital heart disease.

Lloyd Freeburn

Lloyd holds a Master of Laws from Melbourne Law School, where he specialised in sports law, and a Bachelor of Laws from the University of Queensland. He has published numerous articles in Australian and international law

journals on sports law issues and is the Coordinator for the ‘Event Management Law’ subject, part of the Sports Law program. Currently working as a consultant providing advice on sports governance, facilities and event management, Lloyd has previously worked in senior positions at Melbourne & Olympic Parks, Sport & Recreation Victoria and Melbourne 2006 Commonwealth Games Corporation. At Melbourne & Olympic Parks, Lloyd was the Director of Infrastructure and Services and oversaw the design and development of the $363m Stage 1 of the Melbourne Park Masterplan Redevelopment. He also managed security, infrastructure, cleaning, horticulture and IT across the precinct. As the Director of Major Sport Projects and Events at Sport & Recreation Victoria, Lloyd developed and designed the world leading Major Sporting Events Act 2009 (Vic). He also led the successful negotiations for the Victorian Government with Tennis Australia for the retention of the Australian Open tennis tournament in Melbourne to at least 2036. At the Melbourne 2006 Commonwealth Games Corporation, Lloyd was the Special Advisor, Operations where he coordinated the resolution of issues across the Operations area including the implementation of a trouble-free industrial relations strategy. He was also the Group Manager for the support area.

Paul Horvarth

Paul runs his own legal practice in Melbourne, SportsLawyer. He completed his Master of Laws at the University of Melbourne in 2008 with an emphasis on sports law. He was a board member of Harness Racing from 2009-2012 and

is the founding chairperson of the Law Institute of Victoria’s Sports Law Committee (2007-2013). In 2007 Paul won the Australian and New Zealand Sports Law Association Paul Trisley award for legal writing. Paul has worked for law firms’ primarily in the field of litigation since 1990. In 2002, Paul moved to Maurice Blackburn lawyers in the Employment and Industrial Law section, specialising in employment contracts. In 2004, Paul commenced his own general legal practice, with an emphasis on commercial, sports and employment law. The business of SportsLawyer commenced in 2008 as a specialist service in Sports Law. Paul’s clients include: Richmond Football Club, the Australian Sports Commission, Athletics Australia, a number of Olympic gold medallists, AFL players and other elite sports persons.

Paul has had papers published on topics of doping, discipline and governance. Paul has also run cases before a number of sports tribunals, including the Court of Arbitration for Sport both in Australia and in Lausanne, Switzerland.

See www.sportslawyer.com.au

Matt Kemp

Matt attended Melbourne Law School over the summer of 2008/2009 as an exchange student from Cape Town, South Africa. He selected Melbourne as a University of choice in the exchange because of the reputation of its Sports

Law program. He says the quality of material, staff and the course itself exceeded his ‘lofty expectations’. As a result he often thinks back longingly on his time spent in Melbourne, and has promised that he will return to complete a few more modules in due course. Since returning from his studies abroad he has studied further at the University of Cape Town, completed articles of clerkship, and been admitted as an attorney of the High Court of South Africa. At present his practice consists chiefly of commercial and corporate law, however the goal he set out to Australia with remains unchanged. It is his hope that through the learning acquired at Melbourne, and the relationships built, that he may in some small way contribute to the introduction and growth of Sports Law as a discipline of study and sector within the legal industry in South Africa. He says: ‘There is no doubt that my experiences in the Sport Law Program at Melbourne have made these dreams a very real possibility. Thank you Hayden, and the countless others who contributed to my inspiring time in Melbourne! Warm wishes from the Republic, Matt Kemp.’

Alexandra Lata

Alexandra works as in-house legal counsel for Tennis Australia where she is part of a team responsible for the staging of Asia Pacific’s Grand Slam tennis tournament the Australian Open. Prior to moving in-house, she spent four years

practising in commercial law firms doing a variety of commercial and property work. In addition, since 2009, she has been a

Sports Law - Past, Present and Future | Page 11

Director and Commissioner of the Australian Ice Hockey League (AIHL) where she is involved in managing the League’s strategy and driving the key commercial outcomes for the League. Alexandra is also an elected member of the Law Institute of Victoria’s Sports Law Committee and completed the Juris Doctor at Melbourne Law School in 2008. She is currently undertaking the Graduate Diploma in Sports Law.

Robert D. Macdonald

Robert was a co-creator and taught ‘Sports Law: Entities & Governance’ with Hayden Opie and Malcolm Speed in 2006. He returned to teach the subject again in 2010 and 2012, while also

lecturing in industrial relations and human resource management in the Faculty of Business and Economics at the University of Melbourne. He earlier took ‘Sport, Commerce and the Law’ as an audit subject in 1998. Between 1998 and 2006 he lectured at Griffith and Victoria Universities and was one of the creators of ‘Premiership Strategies’ conferences in 2003 and 2005, the leading Australian sports marketing conferences of the time. Robert has consulted to the Australian Football League, providing advice on the competitive balance implications of free agency, and to Twenty3 Sport+Entertainment on a number of projects. His research and teaching particularly focuses upon labour market regulation, competitive balance and corporate governance in professional team sporting leagues and has been published in several edited books including the Journal of Sports Economics, Labour Economics, Sport Management Review, Labour and Industry, the Oxford Review of Economic Policy, the Australian Financial Review and Sport Business International.

Robert says: ‘My enduring recollection of teaching in the Sports Law Program is that it is intense, hard work. Many brilliant students have been through the Program, from whom we have all learned much. It has been satisfying to read many fine student research essays and published articles by former students, especially those influenced in some small way by the ideas developed in the classes and the subject reading guide.’

Tom Matson

Tom currently works at the Australian Rugby Union Ltd (ARU) in the role of ‘Manager, Legal and Commercial Projects’. Prior to this he acted as ARU’s In-house Legal Counsel for over three

years. His primary responsibilities have included managing the legal and commercial aspects of ARU’s sponsorship, broadcast and event operations, whilst also having direct involvement in player and high performance matters such as off-field misconduct, doping and anti-corruption. Some of the major projects that Tom has worked on include the Wallabies’ participation at the 2011 RWC in New Zealand, the re-location of the Australian leg of the IRB Sevens World Series event to the Gold Coast and the successful 2013 British & Irish Lions Tour. Tom is the ARU’s current delegate on the COMPPS Steering Committee. He previously worked in Perth and London at top-tier commercial law firms and has over a dozen years’ experience as a player, coach and administrator of Australian Rules football. Tom graduated from the University of Western Australia with a Bachelor of Laws and Bachelor of Commerce. He completed a Graduate Diploma in Sports Law from Melbourne Law School in 2012.

James Paterson

James is a Senior Associate with Anzarut & Holm, a Melbourne-based corporate law firm specialising in capital raising issues and business acquisitions and divestments. He is admitted to

practise law in Victoria, Australia, as well as New York, USA. His sports law practice includes advising on corporate governance issues as well as corporate sponsorships including contracts relating to the National Rugby League, the Australian Football League and its member clubs, and motor sport events. James completed a Master of Commercial Law at Melbourne Law School in 2011, specialising in sports law, which resulted in the publication of a variety of articles in Australia and the US, including the ANZSLA Journal, the Company and Securities Law Journal and the New York State Bar Association’s EASL Journal. James acts as a Director for Water Polo Victoria, as the Co-Chair of the Law Institute of Victoria’s Sports Law Committee and as the honorary solicitor to the Victorian Amateur Football Association. He is also a life member of the New York Magpies Australian Rules Football Club, and is pleased to have completed its recent alumni game injury free!

Ian Prendergast

Ian is the General Manager of Player Relations at the AFL Players’ Association. He is responsible for representing players in collective bargaining with the Australian Football League and clubs

as well as assisting players with grievances, injury compensation claims, individual contractual negotiations and other matters. Ian also chairs the Agent Accreditation Board which oversees the accreditation and governance of player agents. In addition, he works closely with the player representatives from each club to drive the engagement of players with their Association.

Ian completed his law degree at Monash University while playing 65 AFL games over eight years for the Carlton Football Club. He also acted as Carlton’s player representative for the Association and sat as the player representative on the Agent Accreditation Board during this time.

After finishing his career with Carlton in 2006, Ian moved to Adelaide and worked for Griffin Hilditch Lawyers in mainly Commercial Litigation. Whilst living in Adelaide for two years, he played for South Adelaide in the South Australian National Football League (SAFNL) and established the SANFL Players’ Association, appointing two player representatives from each club and signing up the large majority of players. Unfortunately the Association has not been continued following Ian’s return to Melbourne in 2009. Ian worked for Kelly Hazell Quill Lawyers back in Melbourne for a year in Media Law and Dispute Resolution before starting in his current role with AFL Players.

Justin Rizzi

Justin is currently working as an Associate at M+K Lawyers whilst looking to develop either a sports law practice or a career in the sports industry. He has done some very interesting consulting work

at a prominent AFL talent management business and worked on a few commercial matters involving national sporting clubs. His

Page 12 | Sports Law - Past, Present and Future

dream role in sport is Andrew Demetriou’s job at the AFL, but he would settle for any quality sports administration role just about anywhere.

Justin is a current student in the Sports Law program having completed three subjects so far. The best part of the program he says is the amazing people you get to study with – some are truly remarkable. He says: ‘I have been lucky to study with presidents of footy clubs, leaders of NSOs and even Olympic medallists. The second best part of the program is the legendary class dinners we always have, where Hayden shouts the entire class to an evening of fine Italian food and wine on Lygon Street.’

Iain Roy

Iain is a senior legal counsel at Cricket Australia and worked as the venue manager for the highly successful rugby sevens competition at the Melbourne 2006 Commonwealth Games. He

recently completed a Graduate Diploma in Sports Law at Melbourne Law School where he enjoyed improving his understanding of the area of sports law, the sharing of information across different sports, the camaraderie of the class groups and, in particular, the Thursday night class dinners!

Bernie Shinners

Bernie is currently engaged as Legal Services Consultant with the Australian Football League Players Association (AFLPA) having joined the AFLPA in February 2004 after a number of years

acting for the AFLPA on industrial relations and employment law matters in particular the negotiation of the 1998-2003 and 2003-2008 Collective Bargaining Agreements. Bernie’s role with the AFLPA is to provide it with legal advice and support on all AFLPA activities ranging from advising on the CBA and Standard Playing Contract to vetting commercial agreements between the AFLPA and third parties. He is also involved in assisting members and player agents on issues players have with AFL clubs arising under the CBA, the Code of Conduct or other arrangements that regulate the employment of AFL footballers.

Prior to joining the AFLPA, Bernie was a partner with Mallesons Stephen Jaques (now King & Wood Mallesons) from 1985 to 2002 specialising in industrial relations and employment law and prior to joining Mallesons in 1979 had, as an industrial officer and advocate, spent nine years in the maritime and stevedoring industries acting for employers negotiating enterprise agreements and a number of industry federal awards. Currently, Bernie holds positions on the boards of Assumption College Kilmore and the Essendon District Football League.

Venetia Stewart

Venetia is the current President of the Australian and New Zealand Sports Law Association (ANZSLA) and a senior associate in K&L Gates’ dispute resolution team in Perth. Originally from Perth, Venetia moved to Melbourne in 2006 to

undertake a Master of Business (Sport Management) at Deakin University. She commenced employment with K&L Gates (then Middletons) in Melbourne in 2006, working in the firm’s litigation and dispute resolution team on a variety of matters including

contractual disputes, tortious matters and government inquiries and investigations. Venetia acts for clients across a range of industries, including resources (particularly oil and gas), construction and sport. Venetia returned to WA in 2009, and despite the economy being largely driven by oil, gas and mining, she has remained active in the sports industry. She advises sporting clients, including Tennis Australia and the Perth 2011 ISAF Sailing World Championships, chairs disciplinary tribunal hearings for Football West, chaired an investigation for Cycling Australia, and regularly presents about legal issues in sport. Venetia is currently studying for a Master of Laws at Melbourne Law School, including subjects in construction and sports law.

Kellie Stonier

Kellie is a Senior Associate in the law group of Griffith Hack. Kellie advises clients in a range of intellectual property matters. She has extensive experience advising in relation to branding,

marketing and advertising matters, particularly in regard to advertising clearances, social media issues, domain name disputes, sponsorship agreements, publicity rights and product packaging. She is an expert in intellectual property disputes, acting in both the Federal Court of Australia and Supreme Court.

Kellie has represented a range of individuals and companies in the sports and event management fields. Her work includes advice on sponsorship and endorsement agreements, advising on player contracts and other competing obligations, protection and enforcement of sports brands and image rights, event branding and advertising clearances.

Angelo Veljanovski

Angelo is a lecturer in law in the College of Law and Justice at Victoria University, Melbourne. While he mainly teaches corporations law he has a long interest in sports and has taught sports law at Victoria University over a number of years. Angelo

has contributed to the study of sports law with the publication of “Sports Law”, Lexisnexis case summaries 2011, which is in its second edition.

Victoria Wark

Victoria is the Legal Counsel at the Local Organising Committee, AFC Asian Cup Australia 2015, the largest football tournament Australia has ever hosted. Prior to this role, Victoria was a

senior associate at Allens Linklaters. Victoria has completed four sports law subjects as part of an on-going masters. Before moving to Sydney to take her current position, Victoria was an elected member of the Law Institute of Victoria’s Sports Law Committee. She remains a proud Melburnian.

Sports Law - Past, Present and Future | Page 13

Sports Law in the Melbourne Law Masters

Subject Introduced Lecturers

Sport, Commerce and the Law 1988 Hayden Opie

Sports Marketing Law 2000Eugénie Buckley (to 2005)Hayden OpieCraig Richards

International Sports Employment Law(formerly Sports Labour Law; Sports Employment Law)

2001Braham DabscheckHayden OpieRochelle le Roux (2004 & 06)

Sports Health and Medical Law(formerly Sports Medicine Law) 2003

Dr Peter BruknerDr Peter HarcourtHayden Opie

Event Management Law 2004

Eugénie Buckley (to 2008)Lydia Dowse (to 2008)Lloyd Freeburn (from 2010)James Paterson (from 2010)Elizabeth Charpentier (2010)Steven Wright (2012)

Racing Industry Law and Regulation 2005Judy BourkeHayden OpieSimon Barrile (2012)

US Sports Law(formerly Introduction to United States Sports Law; United States Sports Law)

2006 Professor Matthew Mitten

Sports Law: Entities and Governance 2006Robert Macdonald (2006, 2010, 2012)Hayden OpieMalcolm Speed

Sport and Taxation(formerly Taxation of Sport) 2010

Professor Ann O’Connell (2012)Dr Braedon Clark

Sports Dispute Resolution 2011Paul HayesProfessor Richard McLaren

Gambling, Policy and the Law 2012Jamie NettletonProfessor Nelson Rose

Sports and Competition Law 2013 Professor Stephen Ross

Page 14 | Sports Law - Past, Present and Future

Commemorative Events Organising Committee

From the legal profession and sport

Malcolm Speed (Chair)

Ian Fullagar

Claude Harran

Paul Horvath

Iain Roy

Victoria Wark

From Melbourne Law School

Dianne Costello

Fiona Dickson

Jessica Lindsay

Amy Little

Jenny McFadden

Aoife O’Mahony

Hayden Opie

Mardi Richardson

Joanna Trethowan

L-R from front row Ian Fullagar, Malcolm Speed, Hayden Opie, Tony Oxnevad, Rolf SaxonL-R from back row David Park, Maeve McDonagh, Michael Sifris, Choo Tyng, Rodger Fernandez and Anna SangoAbsent are Bernie Knapp and Kerrie Levy

Produced by Melbourne Law School. All bios provided and correct at time of publication. July 2013.

Sport, Commerce and the Law Class of 1989

Sports Law - Past, Present and Future | Page 16